Court Rejects School Drug Testing

Court Rejects School Drug Testing
Posted by FoM on March 22, 2001 at 19:30:51 PT
By P. Solomon Banda,  Associated Press Writer 
Source: Associated Press
A federal appeals court outlawed an Oklahoma school district's random drug testing of students involved in extracurricular activities.The 10th U.S. Circuit Court of Appeals ruled by a 2-to-1 vote Wednesday that the Tecumseh School Board did not demonstrate a need to use drug-testing as an admission requirement for all after-school activities.
The policy violates the Fourth Amendment's protection against unreasonable searches, according to the majority opinion.A third judge disagreed, saying the decision would require schools to prove drug use among a group of students before implementing random drug testing.The appeals panel's decision reverses a federal district court ruling in March 2000 that upheld the policy, noting the devastating effect of illegal drugs.The appeals panel rejected that argument, saying the policy was not designed with students' health in mind. If it was, then all students, not a select group, would be tested, the judges wrote.The 7th and 8th U.S. Circuit Court of Appeals have upheld similar drug-testing policies.Tecumseh High School student Lindsay Earls challenged the policy when he joined the school's show choir, marching band and academic team. Student Daniel James challenged the policy when he joined the academic team.The U.S. Supreme Court in 1995 upheld random testing for student athletes. Newshawk: normlmediaSource: Associated PressAuthor: Solomon Banda, Associated Press Writer Published: Thursday, March 22, 2001 Copyright: 2001 Associated Press  Related Articles & Web Site:A.C.L.U. Tests Face Challenge Tests Approved for Schools Drug Testing Archives
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